Advice with 820 Visa issue

[sswatek]

A little brief on the issue we are having at the moment with the Visa process is basically when filling out the initial forms and I put that our relationship officially started June 2015 as that was when my Working Holiday Visa was granted and when I bought flights. Seeing that I did not arrive in Australia until August 2015 we do not have the “evidence” that our Caseworker is emailing and asking for, for prior to June 2015. When filling out the forms we took it as when you became in a committed relationship as why we put June 2015.

 

 

 

 

 

Our Caseworker is asking for evidence from June 2015 and before, but as that is basically impossible because nothing was started besides our joint bank account until my arrival in August 2015.

 

 

 

 

 

We are stuck because she is asking the impossible due to our misunderstanding of “when our relationship started.”

 

 

 

 

 

There is a 1023 Form that can be filled out for incorrect information provided that we are wondering if we should submit to help/correct our case.

 

 

 

 

 

I guess out questions are:

 

 

- If we should submit a 1023 Form?

 

 

- If submitting that form will ruin/hinder the granting of the visa?

 

 

- If we submit the 1023 form do we need to resubmit everything we have already from August 2015 to present?

 

 

 

 

We are open for literally ANY advice or direction on the matter because of the circumstance.

[Mark Northam]

Hi Sswatek -

 

Assuming this is a de facto partner visa application, the date of the start of the de facto relationship (ie, the date the relationship became de facto) can be critical, especially if it is within 12 months of the date of application. 1023 would be the right form to correct information on the application that is incorrect, but suggest you get professional advice on the ramifications of declaring a new relationship start date, especially if the new start date is less than 12 months before the date of application. This particular question is often misunderstood by applicants, and frankly is not very well worded in the application form which is often the root cause of the misunderstanding. The key issues are that you do not endanger your eligibility re de facto relationship, that you do not create conflicting information in your application which can lead to further issues, and that you can demonstrate with evidence that your relationship was at a de facto level from the time you claim it was.

 

Hope this helps -

 

 

Best,

 

 

Mark Northam

[wrussell]

From what you have posted, confirming that you provided false or misleading information in a material particular might not be the best strategy. May I suggest that you consult a registered migration agent for advice about your options?

[Guest]

If you read the partner visa thread a few others in recent times have done similar and put the incorrect date of when they became de facto. They filled in the correction form and submitted the correct info.

 

You up may well be best to run your case past a decent agent as has been suggested. You moved over on a WHV which is slightly different circumstances to others who have given incorrect de facto info on their application.

[BenjaminShaw]

My friend is having the same issue.

[Beffers]

Are there statements from people that can vouch for your relationship from June, and this may help to explain the gap between June and the August in terms of joint evidence?